Tuberculosis; Amend the Status of California From Accredited Free to Modified Accredited Advanced, 54063-54065 [E8-21814]

Download as PDF Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations identification number (AIN) and by adding a definition of United States to read as follows: * * * * * § 80.1 Definitions. * * * * * Animal identification number (AIN). A numbering system for the official identification of individual animals in the United States providing a nationally unique identification number for each animal. The AIN contains 15 digits, with the first 3 being the country code (840 for the United States), the alpha characters USA, or the numeric code assigned to the manufacturer of the identification device by the International Committee on Animal Recording. The AIN beginning with the 840 prefix may be used only on animals born in the United States. * * * * * United States. All of the States. Done in Washington, DC, this 12th day of September 2008. Cindy J. Smith, Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8–21787 Filed 9–17–08; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 77 [Docket No. APHIS–2008–0067] Tuberculosis; Amend the Status of California From Accredited Free to Modified Accredited Advanced Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. dwashington3 on PRODPC61 with RULES AGENCY: SUMMARY: We are amending the regulations to remove California from the list of accredited-free States for bovine tuberculosis and reclassify the State as modified accredited advanced. Because two affected cattle herds have been detected in California since November 2007, the State no longer meets our requirements for accreditedfree status. This action is necessary to reduce the likelihood of the spread of bovine tuberculosis within the United States. This interim rule is effective September 18, 2008. We will consider all comments that we receive on or before November 17, 2008. DATES: VerDate Aug<31>2005 15:26 Sep 17, 2008 Jkt 214001 Compliance Date: The date for complying with certain requirements of 9 CFR 77.10 for sexually intact heifers, steers, and spayed heifers moving interstate from California is delayed until further notice (see ‘‘Delay in Compliance’’ under SUPPLEMENTARY INFORMATION). The compliance date for all other provisions in 9 CFR part 77 applicable to the interstate movement of cattle and bison from the State of California is September 18, 2008. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov/fdmspublic/ component/ main?main=DocketDetail&d=APHIS2008-0067 to submit or view comments and to view supporting and related materials available electronically. • Postal Mail/Commercial Delivery: Please send two copies of your comment to Docket No. APHIS–2008–0067, Regulatory Analysis and Development, PPD, APHIS, Station 3A–03.8, 4700 River Road Unit 118, Riverdale, MD 20737–1238. Please state that your comment refers to Docket No. APHIS– 2008–0067. Reading Room: You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 690–2817 before coming. Other Information: Additional information about APHIS and its programs is available on the Internet at https://www.aphis.usda.gov. FOR FURTHER INFORMATION CONTACT: Dr. C. William Hench, Senior Staff Veterinarian, National Tuberculosis Eradication Program, Veterinary Services, APHIS, 2150 Centre Ave., Bldg. B, MSC 3E20, Ft. Collins, CO 80526; (970) 494–7378. SUPPLEMENTARY INFORMATION: Background Bovine tuberculosis is a contagious and infectious granulomatous disease caused by the bacterium Mycobacterium bovis. Although commonly defined as a chronic debilitating disease, bovine tuberculosis can occasionally assume an acute, rapidly progressive course. While any body tissue can be affected, lesions are most frequently observed in the lymph nodes, lungs, intestines, liver, spleen, pleura, and peritoneum. Although cattle are considered to be the PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 54063 true hosts of M. bovis, the disease has been reported in several other species of both domestic and nondomestic animals, as well as in humans. At the beginning of the past century, tuberculosis caused more losses of livestock than all other livestock diseases combined. This prompted the establishment in the United States of the National Cooperative State/Federal Bovine Tuberculosis Eradication Program for tuberculosis in livestock. In carrying out the national eradication program, the Animal and Plant Health Inspection Service issues and enforces regulations. The regulations require the testing of cattle and bison for tuberculosis, define the Federal tuberculosis status levels for States or zones (accredited-free, modified accredited advanced, modified accredited, accreditation preparatory, and nonaccredited), provide the criteria for attaining and maintaining those status levels, and contain testing and movement requirements for cattle and bison leaving States or zones of a particular status level. These regulations are contained in 9 CFR part 77 and in the Bovine Tuberculosis Eradication Uniform Methods and Rules, 1999, which is incorporated by reference into the regulations. Section 77.7 of the regulations lists accredited-free States and zones and also contains requirements for retention of accredited-free status. Under § 77.7(c), if two or more affected herds are detected in an accredited-free State or zone within a 48-month period, that State or zone will be removed from the list of accredited-free States or zones and will be reclassified as modified accredited advanced. The State of California has been listed in § 77.7(a) as an accredited-free State for bovine tuberculosis. An epidemiological investigation of a tuberculosis-positive cow found through slaughter surveillance in December 2007 resulted in the confirmation of an affected dairy herd in California. The State continued to conduct epidemiological investigations to detect bovine tuberculosis in domestic cattle herds, and a second affected dairy herd was recently identified in California. The finding of the second affected herd within a 48-month period means that California no longer meets the requirements for accredited-free status. Therefore, we are reclassifying the State as modified accredited advanced. This action is necessary to reduce the likelihood of the spread of tuberculosis within the United States. As a result of this action, cattle or bison being moved interstate from anywhere in California will now have to E:\FR\FM\18SER1.SGM 18SER1 54064 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations meet the testing requirements that apply to animals from modified accredited advanced States or zones. Under the regulations in § 77.10, cattle or bison that originate in a modified accredited advanced State or zone, and are not known to be infected with or exposed to tuberculosis, may be moved interstate only under one of the following conditions: • The cattle or bison are moved directly to slaughter at an approved slaughtering establishment (§ 77.10(a)); • The cattle or bison are sexually intact heifers moved to an approved feedlot, or are steers or spayed heifers; and are either officially identified or identified by premises of origin identification (§ 77.10(b)); • The cattle or bison are from an accredited herd and are accompanied by a certificate stating that the accredited herd completed the testing necessary for accredited status with negative results within 1 year prior to the date of movement (§ 77.10(c)); or • The cattle or bison are sexually intact animals, are not from an accredited herd, are officially identified, and are accompanied by a certificate stating that they were negative to an official tuberculin test conducted within 60 days prior to the date of movement (§ 77.10(d)). dwashington3 on PRODPC61 with RULES Delay in Compliance Previous rulemaking changing the tuberculosis classifications of the States of Texas, California, New Mexico, and Minnesota from accredited free to modified accredited advanced allowed for delayed compliance with certain provisions of § 77.10. The interim rule that amended the classification of Texas was effective June 3, 2002, and published in the Federal Register on June 6, 2002 (67 FR 38841–38844, Docket No. 02–021–1); in a document published in the Federal Register on December 31, 2002, the date for Texas to comply with certain provisions of § 77.10 was extended from January 1, 2003, to September 30, 2003 (67 FR 79836–79837, Docket No. 02–021–3). The interim rule that amended the classification of California was effective and published in the Federal Register on April 25, 2003 (68 FR 20333–20336, Docket No. 03–005–1).1 The interim rule that amended the classification of New Mexico was effective and published in the Federal Register on July 24, 2003 (68 FR 43618–43621, Docket No. 03– 044–1). The 2003 interim rules changing 1 California’s previous accredited-free status was then restored in a subsequent interim rule effective and published in the Federal Register on April 15, 2005 (70 FR 19877–19878, Docket No. 05–010–1). VerDate Aug<31>2005 15:26 Sep 17, 2008 Jkt 214001 the statuses of California and New Mexico from accredited-free to modified accredited advanced also allowed for a delay in the compliance date for certain provisions of § 77.10 until September 30, 2003. The specific provisions of § 77.10 for which we delayed the compliance date were as follows: • The identification of sexually intact heifers moving to approved feedlots and steers and spayed heifers moving to any destination (§ 77.10(b)); • The identification requirements for sexually intact heifers moving to feedlots that are not approved feedlots (§ 77.10(d)); and • Because identification is required for certification, the certification requirements for sexually intact heifers moving to unapproved feedlots (§ 77.10(d)). Initially, we had delayed the date of compliance with these requirements for the State of Texas until September 30, 2003, for two reasons. First, the size of the cattle industry in Texas necessitated additional time to implement the identification requirements of the regulations. Second, some cattle that had begun moving through channels prior to the change in Texas’ tuberculosis status would not have been identified at their premises of origin. The compliance date was delayed for California and New Mexico to provide equitable treatment for producers in those States. Based on the comments that we received on the interim rule for Texas, we concluded that the tuberculosis risk associated with the movement of nonbreeding cattle from modified accredited advanced States or zones through feeder channels to slaughter is low and that identification requirements for certain cattle destined for slaughter may be unnecessary. Therefore, on March 22, 2004, we published in the Federal Register (69 FR 13218–13219, Docket No. 03–072–2) an interim rule further delaying the date for compliance with the identification and certification requirements of § 77.10(b) and (d) for nonbreeding cattle from the States of Texas, California, and New Mexico, until further notice. The interim rule published in the Federal Register on January 30, 2006 (71 FR 4808–4810, Docket No. APHIS–2006–0004) changing the status of Minnesota from accredited-free to modified accredited advanced also allowed for a delay in the compliance date for certain provisions of § 77.10 until further notice. This delay of the date for compliance with the provisions of § 77.10 listed above also applies to the current rulemaking changing the tuberculosis status of PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 California from accredited-free to modified accredited advanced. Emergency Action This rulemaking is necessary on an emergency basis to prevent the spread of bovine tuberculosis within the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the Federal Register. We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the Federal Register. The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. This emergency situation makes timely compliance with section 603 of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. We are currently assessing the potential economic effects of this action on small entities. Based on that assessment, we will either certify that the rule will not have a significant economic impact on a substantial number of small entities or publish a regulatory flexibility analysis. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule: (1) Preempts all State and local laws and regulations that are in conflict with this rule; (2) has no retroactive effect; and (3) does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no new information collection or recordkeeping requirements under the Paperwork E:\FR\FM\18SER1.SGM 18SER1 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 9 CFR Part 77 Animal diseases, Bison, Cattle, Reporting and recordkeeping requirements, Transportation, Tuberculosis. ■ Accordingly, we are amending 9 CFR part 77 as follows: 1. The authority citation for part 77 continues to read as follows: ■ Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. This AD becomes effective October 23, 2008. On October 23, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. You may examine the AD docket on the Internet at https:// www.regulations.gov or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. ADDRESSES: [Amended] 2. In § 77.7, paragraph (a) is amended by removing the word ‘‘California,’’. ■ § 77.9 We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: PART 77—TUBERCULOSIS § 77.7 attachment lug and the landing gear control button. This condition, if not corrected, causes mechanical interference which could result in a situation where, during emergency procedures, the landing gear cannot be extended. [Amended] 3. In § 77.9, paragraph (a) is amended by adding the words ‘‘California and’’ before the words ‘‘New Mexico’’. ■ Done in Washington, DC, this 12th day of September 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8–21814 Filed 9–17–08; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 3410–34–P SUPPLEMENTARY INFORMATION: Albert Mercado, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329– 4119; fax: (816) 329–4090. Discussion DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0748 Directorate Identifier 2008–CE–041–AD; Amendment 39–15677; AD 2008–19–10] RIN 2120–AA64 Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. dwashington3 on PRODPC61 with RULES AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: It has been discovered that a risk of mechanical interference exists in the movement of the emergency landing gear bypass selector, due to an insufficient functional gap between a floor panel VerDate Aug<31>2005 15:26 Sep 17, 2008 Jkt 214001 We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on July 8, 2008 (73 FR 38935). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: It has been discovered that a risk of mechanical interference exists in the movement of the emergency landing gear bypass selector, due to an insufficient functional gap between a floor panel attachment lug and the landing gear control button. This condition, if not corrected, causes mechanical interference which could result in a situation where, during emergency procedures, the landing gear cannot be extended. For the reasons described above, this EASA Emergency Airworthiness Directive (AD) requires a check of the gap between the landing gear control button and the floor panel and, if the gap is found to be insufficient, modification of the floor panel. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 54065 Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 72 products of U.S. registry. We also estimate that it will take about 1 workhour per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour (no labor cost; work-hour warranty given by manufacturer until May 31, 2009). Based on these figures, we estimate the cost of this AD to the U.S. operators to be $5,760 or $80 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between E:\FR\FM\18SER1.SGM 18SER1

Agencies

[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Rules and Regulations]
[Pages 54063-54065]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21814]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. APHIS-2008-0067]


Tuberculosis; Amend the Status of California From Accredited Free 
to Modified Accredited Advanced

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the regulations to remove California from the 
list of accredited-free States for bovine tuberculosis and reclassify 
the State as modified accredited advanced. Because two affected cattle 
herds have been detected in California since November 2007, the State 
no longer meets our requirements for accredited-free status. This 
action is necessary to reduce the likelihood of the spread of bovine 
tuberculosis within the United States.

DATES: This interim rule is effective September 18, 2008. We will 
consider all comments that we receive on or before November 17, 2008.
    Compliance Date: The date for complying with certain requirements 
of 9 CFR 77.10 for sexually intact heifers, steers, and spayed heifers 
moving interstate from California is delayed until further notice (see 
``Delay in Compliance'' under SUPPLEMENTARY INFORMATION). The 
compliance date for all other provisions in 9 CFR part 77 applicable to 
the interstate movement of cattle and bison from the State of 
California is September 18, 2008.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008-0067 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2008-0067, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2008-0067.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at https://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. C. William Hench, Senior Staff 
Veterinarian, National Tuberculosis Eradication Program, Veterinary 
Services, APHIS, 2150 Centre Ave., Bldg. B, MSC 3E20, Ft. Collins, CO 
80526; (970) 494-7378.

SUPPLEMENTARY INFORMATION:

Background

    Bovine tuberculosis is a contagious and infectious granulomatous 
disease caused by the bacterium Mycobacterium bovis. Although commonly 
defined as a chronic debilitating disease, bovine tuberculosis can 
occasionally assume an acute, rapidly progressive course. While any 
body tissue can be affected, lesions are most frequently observed in 
the lymph nodes, lungs, intestines, liver, spleen, pleura, and 
peritoneum. Although cattle are considered to be the true hosts of M. 
bovis, the disease has been reported in several other species of both 
domestic and nondomestic animals, as well as in humans.
    At the beginning of the past century, tuberculosis caused more 
losses of livestock than all other livestock diseases combined. This 
prompted the establishment in the United States of the National 
Cooperative State/Federal Bovine Tuberculosis Eradication Program for 
tuberculosis in livestock.
    In carrying out the national eradication program, the Animal and 
Plant Health Inspection Service issues and enforces regulations. The 
regulations require the testing of cattle and bison for tuberculosis, 
define the Federal tuberculosis status levels for States or zones 
(accredited-free, modified accredited advanced, modified accredited, 
accreditation preparatory, and nonaccredited), provide the criteria for 
attaining and maintaining those status levels, and contain testing and 
movement requirements for cattle and bison leaving States or zones of a 
particular status level. These regulations are contained in 9 CFR part 
77 and in the Bovine Tuberculosis Eradication Uniform Methods and 
Rules, 1999, which is incorporated by reference into the regulations.
    Section 77.7 of the regulations lists accredited-free States and 
zones and also contains requirements for retention of accredited-free 
status. Under Sec.  77.7(c), if two or more affected herds are detected 
in an accredited-free State or zone within a 48-month period, that 
State or zone will be removed from the list of accredited-free States 
or zones and will be reclassified as modified accredited advanced.
    The State of California has been listed in Sec.  77.7(a) as an 
accredited-free State for bovine tuberculosis. An epidemiological 
investigation of a tuberculosis-positive cow found through slaughter 
surveillance in December 2007 resulted in the confirmation of an 
affected dairy herd in California. The State continued to conduct 
epidemiological investigations to detect bovine tuberculosis in 
domestic cattle herds, and a second affected dairy herd was recently 
identified in California. The finding of the second affected herd 
within a 48-month period means that California no longer meets the 
requirements for accredited-free status. Therefore, we are 
reclassifying the State as modified accredited advanced. This action is 
necessary to reduce the likelihood of the spread of tuberculosis within 
the United States.
    As a result of this action, cattle or bison being moved interstate 
from anywhere in California will now have to

[[Page 54064]]

meet the testing requirements that apply to animals from modified 
accredited advanced States or zones. Under the regulations in Sec.  
77.10, cattle or bison that originate in a modified accredited advanced 
State or zone, and are not known to be infected with or exposed to 
tuberculosis, may be moved interstate only under one of the following 
conditions:
     The cattle or bison are moved directly to slaughter at an 
approved slaughtering establishment (Sec.  77.10(a));
     The cattle or bison are sexually intact heifers moved to 
an approved feedlot, or are steers or spayed heifers; and are either 
officially identified or identified by premises of origin 
identification (Sec.  77.10(b));
     The cattle or bison are from an accredited herd and are 
accompanied by a certificate stating that the accredited herd completed 
the testing necessary for accredited status with negative results 
within 1 year prior to the date of movement (Sec.  77.10(c)); or
     The cattle or bison are sexually intact animals, are not 
from an accredited herd, are officially identified, and are accompanied 
by a certificate stating that they were negative to an official 
tuberculin test conducted within 60 days prior to the date of movement 
(Sec.  77.10(d)).

Delay in Compliance

    Previous rulemaking changing the tuberculosis classifications of 
the States of Texas, California, New Mexico, and Minnesota from 
accredited free to modified accredited advanced allowed for delayed 
compliance with certain provisions of Sec.  77.10. The interim rule 
that amended the classification of Texas was effective June 3, 2002, 
and published in the Federal Register on June 6, 2002 (67 FR 38841-
38844, Docket No. 02-021-1); in a document published in the Federal 
Register on December 31, 2002, the date for Texas to comply with 
certain provisions of Sec.  77.10 was extended from January 1, 2003, to 
September 30, 2003 (67 FR 79836-79837, Docket No. 02-021-3). The 
interim rule that amended the classification of California was 
effective and published in the Federal Register on April 25, 2003 (68 
FR 20333-20336, Docket No. 03-005-1).\1\ The interim rule that amended 
the classification of New Mexico was effective and published in the 
Federal Register on July 24, 2003 (68 FR 43618-43621, Docket No. 03-
044-1). The 2003 interim rules changing the statuses of California and 
New Mexico from accredited-free to modified accredited advanced also 
allowed for a delay in the compliance date for certain provisions of 
Sec.  77.10 until September 30, 2003.
---------------------------------------------------------------------------

    \1\ California's previous accredited-free status was then 
restored in a subsequent interim rule effective and published in the 
Federal Register on April 15, 2005 (70 FR 19877-19878, Docket No. 
05-010-1).
---------------------------------------------------------------------------

    The specific provisions of Sec.  77.10 for which we delayed the 
compliance date were as follows:
     The identification of sexually intact heifers moving to 
approved feedlots and steers and spayed heifers moving to any 
destination (Sec.  77.10(b));
     The identification requirements for sexually intact 
heifers moving to feedlots that are not approved feedlots (Sec.  
77.10(d)); and
     Because identification is required for certification, the 
certification requirements for sexually intact heifers moving to 
unapproved feedlots (Sec.  77.10(d)).
    Initially, we had delayed the date of compliance with these 
requirements for the State of Texas until September 30, 2003, for two 
reasons. First, the size of the cattle industry in Texas necessitated 
additional time to implement the identification requirements of the 
regulations. Second, some cattle that had begun moving through channels 
prior to the change in Texas' tuberculosis status would not have been 
identified at their premises of origin. The compliance date was delayed 
for California and New Mexico to provide equitable treatment for 
producers in those States.
    Based on the comments that we received on the interim rule for 
Texas, we concluded that the tuberculosis risk associated with the 
movement of nonbreeding cattle from modified accredited advanced States 
or zones through feeder channels to slaughter is low and that 
identification requirements for certain cattle destined for slaughter 
may be unnecessary. Therefore, on March 22, 2004, we published in the 
Federal Register (69 FR 13218-13219, Docket No. 03-072-2) an interim 
rule further delaying the date for compliance with the identification 
and certification requirements of Sec.  77.10(b) and (d) for 
nonbreeding cattle from the States of Texas, California, and New 
Mexico, until further notice. The interim rule published in the Federal 
Register on January 30, 2006 (71 FR 4808-4810, Docket No. APHIS-2006-
0004) changing the status of Minnesota from accredited-free to modified 
accredited advanced also allowed for a delay in the compliance date for 
certain provisions of Sec.  77.10 until further notice. This delay of 
the date for compliance with the provisions of Sec.  77.10 listed above 
also applies to the current rulemaking changing the tuberculosis status 
of California from accredited-free to modified accredited advanced.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
spread of bovine tuberculosis within the United States. Under these 
circumstances, the Administrator has determined that prior notice and 
opportunity for public comment are contrary to the public interest and 
that there is good cause under 5 U.S.C. 553 for making this rule 
effective less than 30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.
    This emergency situation makes timely compliance with section 603 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not have a significant economic impact on a 
substantial number of small entities or publish a regulatory 
flexibility analysis.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are in conflict with this rule; (2) has no retroactive 
effect; and (3) does not require administrative proceedings before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This rule contains no new information collection or recordkeeping 
requirements under the Paperwork

[[Page 54065]]

Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 77

    Animal diseases, Bison, Cattle, Reporting and recordkeeping 
requirements, Transportation, Tuberculosis.

0
Accordingly, we are amending 9 CFR part 77 as follows:

PART 77--TUBERCULOSIS

0
1. The authority citation for part 77 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


Sec.  77.7  [Amended]

0
2. In Sec.  77.7, paragraph (a) is amended by removing the word 
``California,''.


Sec.  77.9  [Amended]

0
3. In Sec.  77.9, paragraph (a) is amended by adding the words 
``California and'' before the words ``New Mexico''.

    Done in Washington, DC, this 12th day of September 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-21814 Filed 9-17-08; 8:45 am]
BILLING CODE 3410-34-P

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